The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1887-05-06
THE PUBLIC DOMAIN.


President Cleveland Declares Against
Railroad -Grabbing-Secretary La
mar Urged to Bring the Whole Force of
the Law to the Protection of Settlers
Against the Greed of Great Corpora
tiOns.
WASHINGTON, April 2S President Cleve-
land has written letter to the Secretary
OF the Interior respecting the controversy
between Guilford Miller and the Northern
Pacific railroad about the ownership of
some land lying within the indemnity limits
of that road. This case has been pending
for some years before the department,
and when settled will probably fur.
nish q precedent for the settle
ment of many others Miller claims
to be settler upon the land in
question, his possession dating from 1878.
The President, in reviewing the case, says
Miller claims to have made substantial i'm
provements upon and cultivated the land,
which the railroad company contends is in
the area from which it is entitled to select
such public lands as may be necessary to
supply any deficiency that should be found
to exist in the land mentioned in the graft
made to aid in constructing the road The
company also claims that this particular
President proceeds:
'"The legal points in this controversy turned
upon the validity and effect Of the withdrawal
and reservation of this land and the continu-
ance thereof. The Attorney General is of opin.
ion that such withdrawal and reservation were
at all times effectual and that they operated to
prevent Miller fvom acquiring any interest in
or right to the land claimed by him. With this
Interpretation of the law, and the former
orders and action of the Interior Depart
ment, it will be seen that their effect has been
the withdrawal and reservation since 1872 oil
thousands, if not millions, of acres of these
lands from the operation of the land laws OF
the United States, thus placing them beyond
the reach of our citizens desiring, under such
laws, to settle and make homes upon the same
and that this has been done for the benefit of a
reilroad company having no fixed, certain OF
definite interests in such lands. In this manner
the beneficial policy and intention of the Gov
eminent in relation to the public domain have
for all these years to that extent been thwart
ed. There seems to be no evidence presented
showing how much, if any, of this vast tract is
necessary for the fulfllment of tbs grant
to the railroad company, nor does there
appear to be any limitation of the time
within which this fact should be
made known and the corporation is
obliged to make it's selection. After lapse OF
fifteen years this large body of the public do
main is still held in reserve, to the exclusion oil
settlers, for the convenience of corporate ben
efciary Of the Government and AWAITING its
selection, though it is entirely certain that
much of the reserved land can never be hon
estly claimed by said corporation.
'Such a condition of the public lands Should
no longer continue. So far as it is the result Of
executive rules and methods these should be
abandoned, and so far as it is a consequence Of
improvident laws these should be repealed OF
amended.
''Our public domain is our National wealth
the earnest of our growth and the heritage OF
our people. 1t should promise limitless de-
velopment and riches, relief to crowding
population and homes to thrift and industry
These inestimable advantages should be jeal
ously guarded, and careful and enlightened
policy on the part of the Government should Sc
cure them to the people.
In the case under consideration I assume
that there is an abundance Of land within the
area which has been reserved for indemnity, in
which no citizen or settler has legal or equit
able interest, for all purposes Of such indemnif
cation to this railroad company if its grant has
not already been satisfied. I understand too
that selections made by such corporations are
not complete and etfectual until the same have
been approved by the Secretary of the Interior
or unless they are made in the words of the
statute, under his direction
You have thus far taken no action in this
matter, and it seems to me that you are in a
condition to deal with the subject In such a
manner as to protect this settler from hard
ship and loss. 1 suggest that you exercise
the power and authority you have in the prem.
1ses, upon equitable consideration with every
presumption and intendment in favor of the
settler, and in case you find this corpora
ton is entitled to select any more of these
lands than it has already acquired that you
direct it to select in lieu of the land upon
which Mr.. Miller has settled other land within
the limits of this indemnity reservation upon
which neither he nor any other citizen has in
good faith settled or made improvements. The
suggestions herein contained can believe be
adopted without disregarding or calling in ques.
ton the opinion of the Attorney General upon
the purely legal propositions which were SUBJ
mitted to him. Yours very truly.
FLGROVER CTEvETAND